swarb.co.uk - law index
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Local Government - From: 2002 To: 2002
This page lists 50 cases, and was prepared on 02 April 2018.
Regina (Loudon) v Bury School Organisation Committee; Admn 2002 - [2002] EWHC 2749 (Admin)
Bovis Homes Ltd v New Forest District Council [2002] EWHC 483 (Admin)
2002
Admn
Ouseley J
Local Government
An allegation of bias was based on the participation by a councillor in the meeting which adopted the council's local plan who was a member of a committee and had been involved in a meeting of that committee which had supported the proposed adoption. This meant, it was submitted, that there had been predetermination. Held: Ouseley J: "In my judgment a Council acts unlawfully where its decision-making body has predetermined the outcome of the consideration which it is obliged to give to a matter, whether by the delegation of its decision to another body, or by the adoption of an inflexible policy, or as in effect is alleged here, by the closing of its mind to the consideration and weighing of the relevant factors because of a decision already reached or because of a determination to reach a particular decision. It is seen in a corporate determination to adhere to a particular view, regardless of the relevant factors or how they could be weighed. It is to be distinguished from a legitimate predisposition towards a particular point of view. I derive those principles from the Kirkstall Valley Campaign Ltd case to which I have already referred, particularly at page 321G.
There is obviously an overlap between this requirement and the commonplace requirement to have rational regard to relevant considerations. But in my judgment, the requirement to avoid predetermination goes further. The further vice of predetermination is that the very process of democratic decision making, weighing and balancing relevant factors and taking account of any other viewpoints, which may justify a different balance, is evaded. Even if all the considerations have passed through the predetermined mind, the weighing and balancing of them will not have been undertaken in the manner required. Additionally, where a view has been predetermined, the reasons given may support that view without actually being the true reasons. The decision-making process will not then have proceeded from reasoning to decision, but in the reverse order. In those circumstances, the reasons given would not be true reasons but a sham.
In my judgment the sequence of steps and the accumulation of events here shows predetermination and a closed mind, rather than just a strong disposition to include the land within the NFHA."
1 Citers
Re L (Care: Assessment: Fair Trial); FD 2002 - [2002] 2 FLR 730; [2002] EWHC 1379 (Fam)
Smart v Sheffield City Council: Central Sunderland Housing Company Limited v Wilson Times, 20 February 2002; Gazette, 15 March 2002; [2002] EWCA Civ 4; [2002] LGR 467; [2002] HLR 639
25 Jan 2002
CA
Lord Justice Thorpe, Lord Justice Laws, And, Lord Justice Kay
Housing, Human Rights, Local Government
Each tenant had become unintentionally homeless, and was granted a non-secure tenancy of accommodation under section 193. Complaints of nuisance were received from neighbours. Possession orders were obtained and now challenged under the Human Rights Act. The service of the original notice to quit, engaged the Human Rights Act, but the action taken was lawful and proportionate. So far as such non-secure tenancies were concerned, the judge was not obliged to grant possession, but had a discretion. Held: The homes were to be treated as such despite any lack of security. Nevertheless, the balance of interests under Article 8(2) was properly struck. There are some statutory regimes under which the balance of interests arising under Article 8(2) has in all its essentials been struck by the legislature and under which a court, before ordering a defendant to give up possession of accommodation where he has been living, is not obliged to adjudicate upon the specific merits of coercive action in an individual case. The word 'engaged' is not part of the vocabulary of human rights law.
Housing Act 1996 193 - Housing Act 1985 21(1) - European Convention on Human Rights 8.2
1 Citers
[ Bailii ]
Aina, Regina (on the Application of) v London Borough of Hackney [2002] EWCA Civ 218
6 Feb 2002
CA
Laws LJ
Local Government
[ Bailii ]
Carney, Regina (on the Application of) v North Lincolnshire Council; CA 8-Feb-2002 - [2002] EWCA Civ 186
Bempoa, Regina (on the Application of) v London Borough of Southwark [2002] EWHC 153 (Admin)
14 Feb 2002
Admn
Munby J
Housing, Contempt of Court, Local Government
Gilliatt The court issued a very public and highly deserved rebuke of LB Southwark's 'outrageous' breach of an undertaking to a court not to enforce a possession order. The case is interesting in its detail of the systematic failures of the local authority. The court also gave the appellant leave to apply for damages, whilst expressing some doubts about the personal right to damages of the victim of a contemptuous action.
[ Bailii ]
Tower Hamlets London Borough Council and another v Sherwood and another Gazette, 27 February 2002; Times, 04 March 2002; [2002] EWCA Civ 229
18 Feb 2002
CA
Peter Gibson, Chadwick, Longmore LLJ
Local Government, Licensing, Nuisance, Estoppel
The applicants had constructed kiosks on the highway with permission from the local authority under the 1990 Act. They also had licences under the 1980 act to operate as street traders. The authority later complained that the sales from the structures were not street sales, and the licences were not valid. Held: The licensing system was intended to supplement the law of nuisance, by proscribing street trading falling short of nuisance. Trading from such structures was not street trading, and was not regulated under the 1990 Act. It was not appropriate to decide the question of whether an offence had occurred, by looking at tiny questions of when in time the sales took place. There was no promise to be implied allowing the traders a licence, or that they should be granted a lease. Nevertheless, there was an estoppel against the local authority which had represented that a licence would continue for 22 years, and it would be held to it.
London Local Authorities Act 1990 21(1) - Highways Act 1980 Part VIIA
[ Bailii ]
Regina (on the Application of J) v London Borough of Enfield and Another Times, 18 April 2002; [2002] EWHC 432 (Admin); [2002] 5 CCLR 434; [2002] 2 FLR 1
4 Mar 2002
Admn
Justice Elias
Housing, Local Government, Children, Benefits, Human Rights
The mother and child were destitute, and sought to oblige the local authority to provide accommodation and support. Held: The duty to a child under the section could not be extended to include a duty to accommodate and support the child and his or her mother. Section 2 of the 2000 Act might be of assistance, being drafted in broad terms to provide new powers for local authorities, including the power to assist in these circumstances. A local authority had power under the 2000 Act to provide an immigrant from Ghana whose status had not yet been determined with financial assistance for acquiring accommodation if this was the only way to avoid a breach of the applicant's Article 8 rights. The facts of that case were that, if the immigrant was not assisted to acquire accommodation, it would be necessary to take her child into care. It was common ground that this would violate her Article 8(1) rights. Where a Convention right would be infringed if a local authority concluded that it was not open to it to exercise a particular power which it had, but that the infringement could be avoided by exercising some other power which it had, the power to exercise that other power becomes a duty to exercise it.
Children Act 1989 17 - Local Government Act 2000 2 - European Convention on Human Rights A8
1 Cites
1 Citers
[ Bailii ]
Wahid v London Borough of Tower Hamlets [2002] EWCA Civ 287; [2003] HLR 2; [2002] 5 CCLR 247; [2002] BLGR 545; [2002] LGR 545
7 Mar 2002
CA
Pill LJ, Mummery LJ, Hale LJ
Housing, Local Government
Gilliatt The appellant suffered from schizophrenia. He was refused permission to apply for judicial review and for orders requiring the local authority not just to provide suitable accommodation but better accommodation as a person in need of care and attention under s 21(1) of the National Assistance Act 1948. The court decided that in a case where the evidence showed that a person's housing needs could adequately be meet by the provision of ordinary housing, there was no extra duty under the National Assistance Act. The family had a housing need, not just the claimant as a result of his mental illness. He was not in need of 'care and assistance' under the National Assistance Act. The power to provide accommodation is dependent upon three conditions being satisfied: first, the person must be in need of care and attention; secondly, the need must arise by reason of age, illness, disability or "other circumstances" and, thirdly, the care and attention which is needed must not be available otherwise than by the provision of accommodation under section 21.
National Assistance Act 1948 21(1)
1 Cites
1 Citers
[ Bailii ]
Tibbs v London Borough of Islington [2002] EWCA Civ 362
8 Mar 2002
CA
Tuckey LJ
Litigation Practice, Local Government, Torts - Other
Application for leave to appeal against refusal to allow amendment to pleadings. She sought damages. The council had pursued her to bankruptcy for substantial sums of alleged arrears of Council Tax, but those claims were rejected by the trustee. Both the bankruptcy and the extension of it were caused by the council's wrongful claims. Held: New evidence substantially changed the prospects of success, and the appeal should proceed.
[ Bailii ]
Monks v East Northamptonshire District Council Times, 15 March 2002
8 Mar 2002
QBD
Justice Silber
Local Government, Criminal Practice
The appellant claimed that a prosecution under the 1990 Act could not be made by the Local Authority in its own name, but should rather have been in the name of a nominated official. Held: The 1972 Act gave the authority. It had not been intended to make a distinction between a local authority's powers in this respect as between civil and criminal proceedings.
Food Safety Act 1990 - Local Government Act 1972 222
Abernethy, Regina (on the Application Of) v Local Government Ombudsman [2002] EWCA Civ 552
21 Mar 2002
CA
Local Government
1 Cites
1 Citers
[ Bailii ]
Stevens v Plymouth City Council [2002] EWCA Civ 388
26 Mar 2002
CA
Lord Justice Clarke
Information, Health, Local Government
Mental Health Act 1983
[ Bailii ]
Akumah v London Borough of Hackney [2002] EWCA Civ 582
17 Apr 2002
CA
Buxton LJ, Moses J
Local Government, Housing
The council imposed a parking scheme on one of the estates for which it was landlord. A tenant challenged the scheme saying it could only have been imposed by a byelaw, not a resolution. Held: "section 7(1) extends the powers of a housing authority beyond those in section 23(1), or at least avoids any unclarity in the important area of making byelaws. In particular, section 7(1) of the 1975 Act extends to the regulation of parking on any land held for the purposes of Part II of the Housing Act 1985." The council's appeal succeeded. The scheme was lawful.
Housing Act 1985 23(1) - Greater London Council (General Powers) Act 1975 7(1)
1 Cites
1 Citers
[ Bailii ]
Douce and Another v Staffordshire County Council Times, 02 May 2002; Gazette, 30 May 2002; [2002] EWCA Civ 506
19 Apr 2002
CA
Lord Justice Potter and Sir Denis Henry
Local Government, Negligence
The claimant ran a Nursing Home. He sought damages from the respondent for economic losses suffered after an allegedly negligent interpretation by the authority of the Act led them to require of the claimant to employ more staff than the Act actually required. The authority required the home to staff it 'to capacity' rather than to the number of actual residents. The authority suggested that they had acted within their discretion, and that there was no proper claim against them. Held: Such a claim was justiciable and should be allowed to proceed. This was an area of developing jurisprudence, and was a mixture of fact and law.
Registered Homes Act 1984
[ Bailii ]
Gorringe v Calderdale Metropolitan Borough Council Times, 16 May 2002; Gazette, 30 May 2002; [2002] EWCA Civ 595; [2002] RTR 446
2 May 2002
CA
Lord Justice Potter, Lord Justice May and Sir Murray Stuart-Smith
Personal Injury, Negligence, Road Traffic, Local Government
The claimant sought damages, alleging that an accident occurred as a result of the defendant highway authority's negligence in failing to mark the road properly. A 'Slow' sign had become faded and had not been maintained. Held: The judge had failed to apply the Lavis case, which had held that such omissions were not a duty imposed on the authority under the 1980 Act, and accordingly they were not negligent for having failed to do so. There were not such exceptional circumstances as would be needed to find such a duty. The sign would have been "no more than a warning of the need to do that which should have been obvious to her in any event as she drove up from the dip."
Highways Act 1980 41 - Road Traffic Act 1988 39
1 Cites
1 Citers
[ Bailii ]
Godwin v Rossendale Borough Council Times, 24 May 2002; Gazette, 13 June 2002
3 May 2002
CA
Lord Justice Peter Gibson, Lord Justice Chadwick and Lord Justice Clarke
Local Government, Housing, Benefits
The appellant was a landlord. His tenant was entitled to housing benefit, which was paid direct to the landlord. The authority decided that the benefit was no longer payable, and sought eventually to recover overpayments from the landlord by making deductions from other amounts due to him for tenants in the same building. Held: The sums were repayable. The council should have given him notice of the intention to stop the benefit, but that fault was cured by his having a right of appeal later. It would make sense to hear both appeals together.
Regina (W) v Lambeth London Borough Council Times, 23 May 2002; [2002] EWCA Civ 613
3 May 2002
CA
Lord Justice Brooke, Lord Justice Laws and Lord Justice Keene
Children, Local Government, Housing
A family had been found to be voluntarily homeless. The family asked the authority to provide housing to the family under the 1989 Act from its duty to care for the children. Held: The 1989 Act did not change the law in the 1980 Act. The authority had a power to assist and Another child in these circumstances. However, it was not a duty, and the authority had a discretion as to how it might use the power. The 2001 Lambeth case was wrongly decided. The powers of the authority were not to be compartmentalized.
Children Act 1989 17 - Child Care Act 1980 1
1 Cites
1 Citers
[ Bailii ]
Lomax and others v Secretary of State for the Transport, Local Government and the Regions and Another [2002] EWHC 921 (Admin)
10 May 2002
Admn
Land, Local Government
Acquisition of Land Act 1981 23
[ Bailii ]
Flanagan and Another v South Bucks District Council Gazette, 20 June 2002; [2002] EWCA Civ 690; [2002] 1 WLR 2601
16 May 2002
CA
Lord Justice Keene and Mr Justice Sumner
Planning, Local Government, Estoppel
The authority had commenced planning enforcement proceedings. At the hearing, agreement was reached between the defendant and the authority's representative, and the proceedings were compromised. The authority itself later sought to set aside the compromise claiming that its officer had acted outside his power. Held: The officer had power to compromise the proceedings in which he acted, but did not have power to withdraw the enforcement notice itself. No legitimate expectation had been created, and the doctrine of estoppel, which is a matter of private law, has no place in public planning law.
1 Citers
[ Bailii ]
The Mayor and Burgesses of the London Borough of Newham v Skingle and the Pensions Ombudsman Times, 15 July 2002; Gazette, 18 July 2002; [2002] EWHC 1013 (Ch)
23 May 2002
ChD
The Honourable Mr Justice Jacob
Financial Services, Local Government, Employment
The applicant was a retired local government worker. His pension was determined by his final salary. He worked many hours overtime. Was that overtime to be included when calculating his pension? The regulations included all payments, but not non-contractual overtime. Held: The regulations were not clear. The contract provided overtime rates, so the ombudsman had found the payments to have been made under the contract. The employers contended that non-contractual overtime meant only overtime which was not obligatory. The Ombudsman erred in construing the regulations, and so the case was remitted, but he was correct in construing the contract.
Pensions Schemes Act 1993 151(4) - Local Government Pension Scheme Regulations 1995
1 Citers
[ Bailii ]
Regina (on the application of Carlton-Conway) v Harrow London Borough Council Gazette, 27 June 2002; Times, 11 July 2002
14 Jun 2002
CA
Lords Justice Pill and Robert Walker and Sir Martin Nourse
Planning, Local Government
The appellant had objected to a neighbour's planning application. Contested applications could only be handled under delegated powers where the permission sought would comply with the relevant policies. The application was granted because in the officer's mistaken view it did comply. On appeal to the High Court it was held that what mattered was the officer's subjective judgement. Held: The scheme under which the delegated powers were exercised allowed for no subjectivity. He did retain some discretion, but must at least make a full consideration as to whether it complied. He had not done so in this case, and the grant of permission was invalid. The later grant of the permission by the full council did not change that.
1 Cites
1 Citers
Gulliksen v Pembrokeshire County Council; CA 11-Jul-2002 - Times, 22 July 2002; Gazette, 12 September 2002; [2002] EWCA Civ 968
Maxhuni, Regina (on the Application of) v Commissioner for Local Administration for England [2002] EWCA Civ 973
12 Jul 2002
CA
Local Government
[ Bailii ]
Regina (Hargrave and Another) v Stroud District Council Times, 05 August 2002; [2002] EWCA Civ 1281; [2003] JPL 351; [2003] 1 P&CR 1
22 Jul 2002
CA
Schiemann LJ, Buxton LJ and Longmore LJ
Land, Local Government, Land
The applicants had sought to vary a footpath to move it further away from their house. The parish council objected. The council had decided that it would be expedient under the Act to divert it, but went on to decide against a diversion and against referring the decision to the Secretary of State. The land owner appealed a decision upholding the council's decision Held: The Act left discretions with the Local Authority, both as to whether to order the footpath to be diverted and as to whether the question was to be referred to the Secretary of State, even after it had decided that it would be expedient to move it. It had no duty to make the order particularly where there were sustained objections.
Highways Act 1980 119
1 Cites
1 Citers
[ Bailii ]
Cornelius v Hackney London Borough Council Times, 27 August 2002; [2002] EWCA Civ 1073
25 Jul 2002
CA
Lord Justice Waller and Lord Justice Laws
Local Government, Torts - Other, Vicarious Liability
The applicant sought damages from the council for misfeasance in public office. Protracted litigation had followed his dismissal after he had attempted to bring allegations of misconduct within the authority to the attention of a council committee. He appealed an order striking out his claim. Held: The distinction between a public officer exercising his power and one abusing his position as a public officer, did not defeat the claim. It was possible that a senior officer of the council could be liable to the claimant for abuse, and also that the Authority could be vicariously liable for such acts. The issues were of fact, and inappropriate for a strike out.
1 Cites
[ Bailii ]
Regina v Manchester City Council, ex parte Stennett etc; HL 25-Jul-2002 - Times, 29 August 2002; Gazette, 17 October 2002; [2002] UKHL 34; [2002] BLGR 557; (2002) 5 CCL Rep 500; [2002] 4 All ER 124; [2002] 3 WLR 584; (2002) 68 BMLR 247; [2002] 2 AC 1127
Robertson v Fife Council Times, 08 August 2002; [2002] UKHL 35; (2002) 68 BMLR 229; (2002) 5 CCL Rep 543; 2003 SCLR 39; 2002 SC (HL) 145; 2002 Hous LR 78; 2002 GWD 26-927; 2002 SLT 951
25 Jul 2002
HL
Lord Slynn of Hadley, Lord Mackay of Clashfern, Lord Nicholls of Birkenhead, Lord Hope of Craighead and Lord Hobhouse of Woodborough
Scotland, Benefits, Local Government, Health
The local authority considered providing residential care to the applicant. She had given away her former home, and they sought to take into account notional capital attributed to her as if the house had not been given away. Having done so, it declined to assist. Held: The obligation to provide care was a separate duty and was not to be run together with the consequences of the assessment of financial resources when the authority considered whether to offer assistance. The direction in section 12(3A) of the 1968 Act to disregard capital below one level was not a direction to take into account capital above that level. This did not mean that the patient should not be charged for the care provided. The need assessment came first, and the costs implications was a separate and second matter.
Social Work (Scotland) Act 1968 12 12(3A) 12A 13A 55 - Community Care (Residential Accommodation) Act 1998 - National Health Service and Community Care Act 1990
[ House of Lords ] - [ Bailii ]
Nottingham City Council v Thames Times, 19 August 2002
26 Jul 2002
CA
Lord Justice Ward and Sir Martin Nourse
Housing, Crime, Local Government
The local authority sought an order under the Act after its staff, working at a centre on the estate where the defendant resided had been threatened. Held: There was no sufficient nexus between the staff and residence on the estate. The Enfield case was binding. The staff were not residents entitled to protection under the Act, and protection must be sought elsewhere.
Housing Act 1996 152
1 Cites
Nottingham City Council v Thames [2002] EWCA Civ 1098
26 Jul 2002
CA
Local Government
Housing Act 1996 152
[ Bailii ]
Westminster City Council v Porter and Another Times, 22 August 2002
30 Jul 2002
ChD
Mr Justice Hart
Local Government, Human Rights
The claimant authority sought compensation from the respondents for acts committed whilst she had been a councillor. The auditor had certified that the respondents had caused losses amounting to 31 million pounds. Held: Summary judgement was granted. The certification procedure under the 1988 Act had left undisturbed the equitable right of a local authority to certify its losses occasioned by its officers. The council was entitled to judgement both under its common law powers and under the Act since they arose from the same facts. The respondent was not entitled to a stay of execution pending her application to the European Court of Human Rights. Such a stay might be granted only where it was clear that a judgement might lead to a statutory reversal of the law on which the claim was founded.
Audit Commission Act 1988 18
1 Cites
Smith and Another v South Gloucestershire Council; CA 31-Jul-2002 - Times, 30 August 2002; Gazette, 17 October 2002; [2002] EWCA Civ 1131
B and Another, Regina (on the Application of) v Leeds School Organisation Committee Times, 22 October 2002
13 Sep 2002
QBD
Scott Baker J
Education, Local Government, Legal Aid
The applicants sought through their litigation friends to oppose the decision of the respondent to close their junior school. The respondent said the proceedings were an abuse, having been brought in the children's names solely to obtain legal aid. Held: The Richmond case said that such applications should be made by the parent, not the child, save exceptionally. An application on the basis that the proceedings were an abuse having been brought in the child's name solely in order to obtain public funding of the case would require clear evidence, and no such evidence existed here.
1 Cites
Regina (Maud) v Castle Point Borough Council Gazette, 13 March 2003
2 Oct 2002
CA
Lords Justice Kennedy, Buxton and Keene
Licensing, Road Traffic, Local Government
The council decided after consultation and advice to issue licences for hackney carriages, removing the limit on the number of such licences, and allowing Hackney Carriages vehicles to pick up passengers from cab ranks. The taxi owners sought to challenge the decision by way of judicial review. Held: The section allowed the council to restrict the number of licences, only if satisfied that there was no unmet need. The council had not taken into account any irrelevant or improper matter, and the review was refused. The imposition of restrictions on some licences would create a second class system, and the council was correct not to do this.
Transport Act 1985 16 - Town Police Clauses Act 1847
Regina (Khan) v Oxfordshire County Council Gazette, 31 October 2002; Times, 04 November 2002
4 Oct 2002
QBD
Moses J
Immigration, Housing, Local Government
The applicant sought review of the authority's decision not to offer her housing. She was subject to immigration control. She had been the victim of domestic violence and of abduction. Held: The authority could provide assistance under either Act, unless prohibited by statute. The limitation in the 1948 statute did apply to restrict the authority's decision under the 2000 Act. Nevertheless, in the particular circumstances the decision not to provide assistance was unreasonable, and review was granted.
Immigration and Asylum Act 1999 115 - National Assistance Act 1948 21(1)(a)
Abernethy, Regina (on the Application Of) v Local Government Ombudsman [2002] EWCA Civ 1469; [2002] EWCA Civ 1520
7 Oct 2002
CA
Local Government
1 Cites
[ Bailii ] - [ Bailii ]
Westminster City Council v National Asylum Support Service; HL 17-Oct-2002 - Times, 18 October 2002; [2002] UKHL 38; [2002] 1 WLR 2956; [2002] 4 All ER 654; [2002] HLR 58; (2002) 5 CCL Rep 511; [2003] BLGR 23
Beaton v Devon County Council Gazette, 09 January 2003; [2002] EWCA Civ 1675
31 Oct 2002
CA
Judge, May LJJ
Personal Injury, Local Government, Negligence
The respondent provided a cycle way. As it passed through a tunnel, there were drainage gullies at the side. The claimant stepped off her cycle, and hurt her foot in the gully. The tunnel was well lit, and no previous complaints had been made. The authority appealed a finding of negligence. Held: The finding that the accident was foreseeable when there had been no previous complaint amounted to creating an equivalence between its duties in negligence and its duties under the 1957 Act. There was no such equivalence, or duty to prevent accidents. The appeal succeeded.
Occupiers Liability Act 1957
[ Bailii ]
Clitheroe, Regina (on the Application of) v London Borough of Lewisham [2002] EWCA Civ 1694
4 Nov 2002
CA
Local Government, Housing
[ Bailii ]
Brighton and Hove District Council v Woolworths plc Times, 27 November 2002
11 Nov 2002
QBD
Laws LJ, Field J
Consumer, Local Government, Crime
The council appealed a dismissal of the charge brought against the respondent on the grounds that it was seeking to prosecute out of its geographical area. Held: Appeal dismissed. Under section 13, a council had authority to issue a notice requiring the withdrawal from sale of dangerous articles both within and outside its area of operation. That was under section 14. The power to prosecute however was differently arranged, and a council could only prosecute for acts in breach of the notice occurring within its geographical area.
Consumer Protection Act 1987 14 27
Regina v Secretary of State for Environment Transport and the Regions ex parte O'Byrne Times, 18 November 2002; Gazette, 28 November 2002; [2002] UKHL 45; [2003] 1 All ER 15; [2003] HLR 30; [2002] 48 EGCS 138; [2002] 1 WLR 3250; [2002] NPC 142; [2003] BLGR 1
14 Nov 2002
HL
Bingham of Cornhill, Hope of Craighead, Hutton, Scott of Foscote, Rodger of Earlsferry, LL
Land, Local Government, Housing
The applicant sought to exercise her right to buy a property she had occupied of her local authority. It was in the green belt, and the authority declined to sell it until they had obtained authorisation for the sale. The authority appealed an order requiring the sale. Held: The 1985 Act made no reference to the 1938 Act, because it was not imagined that they would conflict. The 1938 Act restricted voluntary sales by Authorities. The 1985 imposed obligations to sell. The obligations created did not conflict. The obligation to sell stood.
Green Belt (London and Home Counties) Act 1938 5 - Housing Act 1985 118
1 Cites
[ House of Lords ] - [ Bailii ]
Regina (Kate Ashbrook) v East Sussex County Council [2002] EWCA Civ 1701; [2003] 1 P & CR 13
20 Nov 2002
CA
Lord Justice Dyson, Lord Justice Schiemann, Lady Justice Arden
Land, Local Government, Planning
The claimant complained that the respondent had failed properly to secure removal of an admitted obstruction to a public footpath. The landowner had applied for a diversion of the footpath, which the respondent recommended for adoption, but the complainant had objected that the respondent had failed to follow its own policies, in that it should have considered first whether the obstruction could reasonably have been removed. The matter was to be referred to the Secretary of State for a possible public enquiry. Held: The policy document was not formally adopted, but the council had not taken proper account of the existence of a continued flouting of a court order by the landowner, and the Order for diversion must be quashed and the Council must reconsider the application.
Highways Act 1980 119
1 Cites
[ Bailii ]
E and Others v The United Kingdom Times, 04 December 2002; Gazette, 16 January 2003; 33218/96; [2002] ECHR 763; [2002] ECHR 769
26 Nov 2002
ECHR
Human Rights, Local Government
The four applicants had been abused by their stepfather, and sought investigation of the local authority for failing to protect them. They had been compensated by the Criminal Injuries Compensation Authority in part, but now sought a remedy from the local authority ombudsman who denied jurisdiction. Held: Social services should have been aware of the situation, and of the abuser's history. The pattern of lack of investigation communication and co-operation by them influenced the course of events, and article 3 had been infringed. The Ombudsman's lack of jurisdiction had no remedy in domestic law, and certain grievances of the complainants were unresolved. Article 13 had been infringed. "The Government submitted that it was not correct to assert that this House of Lords decision [in X v Bedfordshire, M v Newham, et al] prevented all claims in negligence against local authorities in the exercise of their child protection duties, and argued that it could not be regarded as beyond doubt that these applicants would have failed as, in the case of these applicants, the social services arguably were negligent in the way they approached operational, as well as policy, matters."
European Convention on Human Rights 3 13
1 Citers
[ Bailii ] - [ Bailii ]
Henry Boot Homes Limited v Bassetlaw District Council Times, 16 December 2002; Gazette, 19 December 2002; [2002] EWCA Civ 983; [2002] 4 PLR 108
28 Nov 2002
CA
Lord Justice Brooke, Lord Justice Keene, Mr Justice Bodey
Planning, Local Government
The claimant asserted that the behaviour of the local authority gave rise to a legitimate expectation such as to allow them to commence works in breach of a planning condition. Held: The circumstances under which a claimant might rely upon a legitimate expectation in a planning context will be very rare, and difficult to envisage, because of the presence of interests of third parties. The plea is founded in fairness, and the applicant here was experienced in planning matters, and knew exactly the risks it was running. Planning law is a matter of public interest; and the powers of a local planning authority cannot be fettered by private arrangements between developers and planning authorities.
1 Citers
[ Bailii ]
Regina (Howard League for Penal Reform) v Secretary of State for the Home Department; QBD 29-Nov-2002 - Times, 05 December 2002; Gazette, 16 January 2003; Gazette, 23 January 2003; [2002] EWHC 2497 (Admin); [2003] 1 FLR 484
Regina (Giles) v Fareham Borough Council
13 Dec 2002
QBD
Supperstone QC
Housing, Local Government
The tenant challenged by way of judicial review the council's policy which allowed them to defer receipt for five years of any application for housing from someone who had been evicted from one of their properties for a reason other than debt. Held: The Act gave a wide discretion to local authorities as to how they managed the allocation of properties. That discretion would include the ability to defer applications. Here the period was discretionary, with no minimum, and the policy was lawful.
Housing Act 1996 159(7) 167(6)
A and Others, Regina (on the Application Of) v East Sussex County Council and Another [2002] EWHC 2771 (Admin)
17 Dec 2002
Admn
Local Government, Benefits
1 Cites
1 Citers
[ Bailii ]
A and Others, Regina (on the Application Of) v Disability Rights Commission [2002] EWHC 2771 (Admin)
17 Dec 2002
Admn
Health, Local Government
Chronically Sick and Disabled Persons Act 1970 - National Health Service and Community Care Act 1990 47 - National Assistance Act 1948 29
[ Bailii ]
A, B v Essex County Council Times, 24 January 2003; [2002] EWHC 2707 (QB)
18 Dec 2002
QBD
The Honourable Mr Justice Buckley
Local Government, Professional Negligence, Vicarious Liability
The applicants sought damages after they had had placed with them for adoption a child who proved to be destructively hyperactive. Held: The authority might be liable where they failed to disclose to adoptive parents known characteristics of a child. A person exercising a particular skill might owe a duty of care where its negligent performance might adversely affect others (Phelps). The local authority can be vicariously liable for any damages resulting. It was foreseeable that a child known to be violent to people and property might cause injury in the future.
Adoption Act 1976
1 Cites
1 Citers
[ Bailii ]
